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CENTER FOR BIOLOGICAL DIVERSITY v. RUMSFELD

No. Civ99-203 TUC ACM.

198 F.Supp.2d 1139 (2002)

CENTER FOR BIOLOGICAL DIVERSITY, et al., Plaintiffs, v. Donald H. RUMSFELD, Secretary of Defense, et al., Defendants, Coalition of Arizona/New Mexico Coalition of Countries for Stable Economic Growth, Defendant-Intervenors.

United States District Court, D. Arizona.

April 11, 2002.

Attorney(s) appearing for the Case

Eric Ollason, Tucson, AZ, Susan Diane Daggett, Earthjustice Legal Defense Fund, Denver, CO, Mark Edward Hughes, Denver, CO, for Southwest Center for Biological Diversity, San Pedro 100, Robin Silver, plaintiffs.

Jean Williams, Seth M. Barsky, Lisa Lynne Russell, U.S. Dept. of Justice, Wildlife & Marine Resources Section, Washington, DC, Monte C. Clausen, U.S. Attorney's Office, Tucson, AZ, for Government defendants.

Karen Budd-Falen, Brandon L. Jensen, Budd-Falen Law Offices, Cheyenne, WY, for Coalition of Arizona and New Mexico Counties for Stable Economic, defendant.

ORDER

MARQUEZ, Senior District Judge.

A. Crossmotions for Summary Judgment

Plaintiffs sue the United States Fish and Wildlife Service (the FWS) and the Department of the Army (Army) for violation of § 7 of the Endangered Species Act (the ESA), 16 U.S.C. § 1536(a)(2). Plaintiffs argue that the FWS's Final Biological Opinion (Final BO)—concluding that the Army's continued activities at Fort Huachuca, Arizona, will not cause...

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